RAKESH TIWARI, J. - (1.) HEARD learned Counsel for the parties and perused the record.
(2.) THE petitioner is challenging the impugned award dated 23.12.1983 passed by the Labour Court, Ghaziabad in Adjudication Case No. 133 of 1980 directing reinstatement of respondent No. 2 with full back wages. By interim order dated 25.4.1984 the operation of impugned award was stayed. The petitioner was directed to pay wages to respondent No. 2 w.e.f. 23.12.1983 with an option to continue to pay him wages month to month or take work from him.
(3.) THE Backdrop of the case is that respondent No. 2 was appointed on 28.9.76 and was working as a 'Tagadgir' at Bulandshar. His main duties were to realize payment from the customers who had purchased seeds and manure on credit from the petitioner company as per the list furnished by the Delhi office of the petitioner Company as well as to also to promote the sales of the employer. As engagement with the company was for a very short tenure i.e. with effect from 30.9.1976 up to 30.9.1979, his services were hired and controlled by New Delhi office and in fact the order of termination was also passed by the Delhi Office as such the Labour Court, U.P. Ghaziabad had no jurisdiction.;